2021 -- H 6000

========

LC001972

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS

     Introduced By: Representatives Tanzi, Ajello, Cassar, Cortvriend, Henries, Batista,
Donovan, Speakman, Felix, and Ranglin-Vassell

     Date Introduced: February 26, 2021

     Referred To: House State Government & Elections

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-20-1, 17-20-1.1, 17-20-2.1, 17-20-2.2, 17-20-6.1, 17-20-14.2,

17-20-21, 17-20-22, 17-20-23, 17-20-24.1 and 17-20-30 of the General Laws in Chapter 17-20

entitled "Mail Ballots" are hereby amended to read as follows:

     17-20-1. Voting by mail ballot.

     The electors of this state who, for any of the reasons set forth in § 17-20-2, being otherwise

qualified to vote, are unable to vote in person, shall have the right to vote, in the manner and time

provided by this chapter, in all general and special elections and primaries, including presidential

primaries in this state for electors of president and vice-president of the United States, United States

senators in congress, representatives in congress, general officers of the state, senators and

representatives in the general assembly for the respective districts in which the elector is duly

qualified to vote, and for any other officers whose names appear on the state ballot and for any city,

town, ward, or district officers whose names appear on the respective city or town ballots in the

ward or district of the city or town in which the elector is duly qualified to vote, and also to approve

or reject any proposition of amendment to the Constitution or other propositions appearing on the

state, city, or town ballot.

     17-20-1.1. Declaration of policy.

     Those electors who elect to vote by mail or who are unable to vote in person at the polls

for the reasons set forth in § 17-20-2 are entitled to vote in a manner which reasonably guarantees

the secrecy of their ballots. The procedures set forth in this chapter are designed to promote the

effective exercise of their rights while safeguarding those voters who utilize the mail ballot process

from harassment, intimidation, and invasion of privacy. The procedures are intended to prevent

misuse of the electoral system by persons who are not eligible to vote by mail ballot. The provisions

of this chapter shall be interpreted to effectuate the policies set forth in this section.

     17-20-2.1. Requirements for validity of mail ballot and mail ballot applications.

     (a) Any legally qualified elector of this state whose name appears upon the official voting

list of the city, town, or district of the city or town where the elector is qualified, and who desires

to avail himself or herself of the right granted to him or her by the Constitution and declared in this

chapter, may obtain from the local board in the city or town an affidavit a form prepared by the

secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot.

     (b) Whenever any person is unable to sign his or her name because of physical incapacity

or otherwise, that person shall make his or her mark "X".

     (c) The application, when duly executed, shall be delivered in person or by mail so that it

is received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day

before the day of any election referred to in § 17-20-1.

     (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in

order to be valid, must have been cast in conformance with the following procedures:

     (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the elector

at the Rhode Island address provided by the elector on the application. In order to be valid, the

voter must affix his or her signature on all certifying envelopes containing a voted ballot must be

made before a notary public or before two (2) witnesses who shall set forth their addresses on the

form.

     (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the

name and location of the hospital, convalescent home, nursing home, or similar institution where

the elector is confined. All mail ballots issued pursuant to subdivision 17-20-2(2) shall be delivered

to the elector at the hospital, convalescent home, nursing home, or similar institution where the

elector is confined; and the ballots shall be voted and witnessed in conformance with the provisions

of § 17-20-14.

     (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed to the address

provided by the elector on the application or sent to the board of canvassers in the city or town

where the elector maintains his or her voting residence. In order to be valid, the voter must affix

his or her signature of the elector on the certifying envelope containing voted ballots does not need

to be notarized or witnessed. Any voter qualified to receive a mail ballot pursuant to subdivision

17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of United States Public

LC001972 - Page 2 of 11

Law 99-410 ("UOCAVA Act").

     (4) All mail ballots issued pursuant to subdivision 17-20-2(4) may be mailed to the elector

at the address within the United States provided by the elector on the application or sent to the

board of canvassers in the city or town where the elector maintains his or her voting residence. In

order to be valid, the voter must affix his or her signature on all certifying envelopes containing a

voted ballot must be made before a notary public, or other person authorized by law to administer

oaths where signed, or where the elector voted, or before two (2) witnesses who shall set forth their

addresses on the form. In order to be valid, all ballots sent to the elector at the board of canvassers

must be voted in conformance with the provisions of § 17-20-14.2.

     (e) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     (f) In no way shall a mail ballot application be disqualified if the voter's circumstances

change between the time of making the application and voting his or her mail ballot as long as voter

remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board of

canvassers shall provide the state board of elections with written notification of any change in

circumstances to a mail ballot voter.

     17-20-2.2. Requirements for validity of emergency mail ballots.

     (a) Any legally qualified elector of this state whose name appears upon the official voting

list of the town or district of the city or town where the elector is so qualified, who on account of

circumstances manifested twenty (20) days or less prior to any election becomes eligible to vote by

mail ballot according to this chapter, may obtain from the local board an application for an

emergency mail ballot or may complete an emergency in-person mail ballot application on an

electronic poll pad at the board of canvassers where the elector maintains his or her residence.

     (b) The emergency mail ballot application, when duly executed, shall be delivered in

person or by mail so that it shall be received by the local board not later than four o'clock (4:00)

p.m. on the last day preceding the date of the election.

     (c) The elector shall execute the emergency mail ballot application in accordance with the

requirements of this chapter, which application shall contain a certificate setting forth the facts

relating to the circumstances necessitating the application.

     (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail

ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in

order to be valid, must have been cast in conformance with the following procedures:

     (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the

LC001972 - Page 3 of 11

state of Rhode Island address provided on the application by the office of the secretary of state, or

delivered by the local board to a person presenting written authorization from the elector to receive

the ballots, or cast in private at the local board of canvassers. In order to be valid, the elector must

affix his or her signature of the voter on the certifying envelope containing a voted ballot must be

made before a notary public, or other person authorized by law to administer oaths where signed,

or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the

form. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted in

conformance with the provisions of § 17-20-14.2.

     (2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under

oath the name and location of the hospital, convalescent home, nursing home, or similar institution

where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered

to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and

shall be voted and witnessed in conformance with the provisions of § 17-20-14.

     (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the

secretary of state to the elector at an address provided by the elector on the application, or cast at

the board of canvassers in the city or town where the elector maintains his or her voting residence.

The signature of the elector on the certifying envelope containing the voted ballots issued pursuant

to the subdivision does not need to be notarized or witnessed. Any voter qualified to receive a mail

ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of

United States Public Law 99-410 ("UOCAVA Act").

     (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers

in the city or town where the elector maintains his or her voting residence or mailed by the office

of the secretary of state to the elector at the address within the United States provided by the elector

on the application, or delivered to the voter by a person presenting written authorization by the

voter to pick up the ballot. In order to be valid, the voter must affix his or her signature of the voter

on all certifying envelopes containing a voted ballot must be made before a notary public, or other

person authorized by law to administer oaths where signed, or where the elector voted, or before

two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all ballots

sent to the elector at the board of canvassers must be voted in conformance with the provisions of

§ 17-20-14.2.

     (e) The secretary of state shall provide each of the several boards of canvassers with a

sufficient number of mail ballots for their voting districts so that the local boards may provide the

appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

process each emergency ballot application in accordance with this chapter, and it shall be the duty

LC001972 - Page 4 of 11

of each board to return to the secretary of state any ballots not issued immediately after each

election.

     (f) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     (g) An emergency mail ballot application may be completed in person using an electronic

poll pad provided by the board of canvassers upon presentation by the voter of valid proof of

identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be

provided with a ballot issued by the secretary of state and upon completion of the ballot by the

voter, the voter shall place the ballot into the state-approved electronic voting device, provided by

the board of elections and secured in accordance with a policy adopted by the board of elections.

     17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and

Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the

United States.

     (a) It is the intent and purpose that the provisions set forth in this section are designed to

facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act

(UOCAVA), 42 U.S.C. § 1973ff et seq.

     (b) The Federal Post Card Application (FPCA) may be used as a request for an absentee

ballot by:

     (1) A member of the armed forces who is absent from the state by reason of being in active

service;

     (2) Any person absent from the state in performance of "services intimately connected with

military operations" as defined in § 17-20-3(d);

     (3) Any person who is employed outside of the United States as defined in § 17-20-3(c);

and

     (4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is

a citizen of the United States and absent from the state and residing outside the United States as

described in chapter 21.1 of title 17.

     (c) The single FPCA card shall permit the person to request an absentee ballot for each

primary and election through the next general election for federal office or for the time period

specified by federal law in which the voter is eligible to vote.

     (d) The FPCA card must be received by the local board of canvassers where the person last

maintains his/her residence for voting purposes within the time frame for applying for absentee

ballots as set forth in this title.

LC001972 - Page 5 of 11

     (e) If the FPCA, when used in accordance with this section, is sent by the voter through

electronic transmission, it must be sent to the secretary of state and it must be received by the

secretary of state by the deadline for applying for absentee ballots as set forth in this title. The

secretary of state shall then forward the FPCA to the appropriate local authority who shall

immediately certify and return the FPCA to the secretary of state with the notation that the

corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall

transmit ballots only to the facsimile number provided by the Federal Voter Assistance Program.

The ballots sent by electronic transmission shall be returned to the state board by electronic

transmission. These ballots will be counted at the state board in accordance with rules and

regulations promulgated by the state board.

     (f) The voter's signature on the FPCA does not need to be witnessed or notarized, when the

FPCA is submitted as provided in this section.

     (g) If a voter is casting a mail ballot received through the use of the FPCA card as provided

in this section, the voter's signature does not need to be witnessed or notarized on the certifying

envelope used for the return of the voted mail ballot.

     17-20-14.2. Voting from board of canvassers.

     The local board of canvassers shall appoint as many supervisors as are necessary whose

duty it shall be to supervise the casting of votes by persons using mail ballots at a place that

preserves their secrecy and to take acknowledgments or serve as witnesses, and jointly provide

assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. Every

certifying envelope containing a mail ballot cast at a board of canvassers must have the signature

of the elector notarized by an appointed person authorized by law to administer oaths or before two

(2) appointed witnesses who shall set forth their signature on the form. The certifying envelope of

any mail ballot voted at the local board of canvassers shall be stamped by the local board to indicate

it was voted on in conformance with the law. Every person who willfully hinders the local

supervisors in performing their duties as set forth in this section shall be guilty of a misdemeanor.

The local board shall transmit a list to the state board of elections containing the names and

signatures of people authorized to witness mail ballots.

     17-20-21. Certifying envelopes.

     The secretary of state shall cause to be prepared and printed and shall furnish with each

mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall

be printed in substantially the following form:

     "After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

statement hereon. Enclose in envelope addressed to board of elections, which must receive the

LC001972 - Page 6 of 11

envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the

day of election."

Date of Election______________ City/Town of__________________

Certificate of Voter

Print Name of Voter

     I swear or affirm, under penalty of perjury, that I am:

     I am a United States citizen;

     I am a resident and qualified voter of the State of Rhode Island;

     I am eligible to cast a mail ballot under the provisions of § 17-20-2; and

     I am not qualified to vote have not and will not vote elsewhere in this election.

     I hereby attest under the pains and penalty of perjury, that the enclosed voted

ballot was cast by me, and that the signature or mark on this certifying envelope was

made by me.

     Voter must sign full name here:

     (If unable to sign name because of physical incapacity or otherwise, voter shall make his

or her mark "(X)").

     I hereby attest under penalty of perjury that the enclosed voted ballot was cast, and the

signature or mark on this certifying envelope was made by the voter whose name appears on

the label above.

     Before me the __________ day of ___________ 20____, at ___________ (city or town),

county of ___________, state of ____________, personally appeared the above named voter,

to me known and known by me to be the person who affixed his or her signature to this ballot

envelope.

___________________________________

      Notary Public

     Notary must also print his or her name

     Witness:

     ___________________________ ____________________________

     (Signature)(Print Name) (Address)

     (Signature)(Print Name) (Address)

     Note: Mail ballots must either be sworn to before a notary public or before two (2)

witnesses who must sign their names and addresses.

     17-20-22. Certification envelopes for mail ballots of persons intimately connected with

military service and persons employed outside of the United States.

LC001972 - Page 7 of 11

     The distinctively colored certification envelope for persons intimately connected with

military service and persons employed outside of the United States shall be printed in substantially

the following form:

     After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

statement hereon. Enclose in envelope addressed to board of elections, which must receive the

envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the

day of election.

Date of Election______________ City/Town of__________________

Oath of Elector Casting the Enclosed Ballot or Ballots

     Print Name

     I do hereby affirm, under pains and penalty of perjury that:

I am a United States citizen;

     I am a resident and qualified voter of the State of Rhode Island;

     I am eligible to cast a mail ballot, because I am one of the following:

     A member of the Uniformed Services or merchant marine on active duty or an eligible

     spouse or dependent.

     A U.S. citizen who will be outside the United States.

     I am not qualified to vote have not and will not vote elsewhere in this election.

     I hereby attest under the pains and penalty of perjury, that the enclosed voted ballot was

cast by me, and that the signature or mark on this certifying envelope was made by me.

      ______________________

      (Signature of voter)

     17-20-23. Marking and certification of ballot.

     (a) A voter may vote for the candidates of the voter's choice by making a mark in the space

provided opposite their respective names.

     (b) In case a voter desires to vote upon a question submitted to the vote of the electors of

the state, the voter shall mark in the appropriate space associated with the answer that the voter

desires to give.

     (c) Voters receiving a mail ballot pursuant to § 17-20-2(1), (2), and (4) shall mark the ballot

in the presence of two (2) witnesses or some officer authorized by the law of the place where

marked to administer oaths. Voters receiving a mail ballot pursuant to § 17-20-2(3) do not need to

have their ballot witnessed or notarized. Except as otherwise provided for by this chapter, the voter

shall not allow the official or witnesses to see how he or she marks the ballot and the official or

witnesses shall hold no communication with the voter, nor the voter with the official or witnesses,

LC001972 - Page 8 of 11

as to how the voter is to vote. Thereafter, the voter shall enclose and seal the ballot in the envelope

provided for it. The voter shall then execute before the official or witnesses the certification on the

envelope. The voter shall then enclose and seal the certified envelope with the ballot in the envelope

addressed to the state board and cause the envelope to be delivered to the state board on or before

election day.

     (d) These ballots shall be counted only if received within the time limited by this chapter.

     (e) There shall be a space provided on the general election ballot to allow the voter to write

in the names of persons not in nomination by any party as provided for in §§ 17-19-31 and 17-20-

24.

     17-20-24.1. Irregularities in obtaining and casting mail ballots.

     The requirements set forth by this chapter controlling mail ballot eligibility and the

procedure by which mail ballots are obtained and cast shall be strictly applied to assure the integrity

of the electoral system. No mail ballot which was not obtained and/or cast in material conformance

with the provisions of this title shall be certified by the board of elections. Notwithstanding the

provisions of § 34-12-3 to the contrary, any mail ballot application or mail ballot certification

notarized by a person who is not in fact a notary public or other officer authorized to administer

oaths and take acknowledgements shall be void. Nothing in this chapter shall be construed to

require the disqualification of a ballot merely because the elector did not sign the elector's full name

as it is listed on the voter registration list, but omitted or included a middle initial or name,

abbreviated a first and/or middle name, or made a similar omission or inclusion, as long as the

board of elections can reasonably determine the identity of the voter.

     17-20-30. Penalty for violations.

     (a) Any person who knowingly makes or causes to be made any material false statement in

connection with his or her application to vote as a mail voter, or who votes or attempts to vote

under the provisions of this chapter, by fraudulently signing the name of another upon any envelope

provided for in this chapter, or who, not being a qualified voter and having knowledge or being

chargeable with knowledge of the fact, attempts to vote under this chapter, or who votes the ballot

of another voter, or who deliberately prevents or causes to prevent the mail ballot to be received by

the voter or to be returned to the board of elections, or who falsely notarizes or witnesses the voter

signature on the ballot application or mail ballot, or who deceives, coerces, or interferes with the

voter casting his or her ballot, and any person who does or attempts to do, or aid in doing or

attempting to do, a fraudulent act in connection with any vote cast or to be cast under the provisions

of this chapter, shall be guilty of a felony.

     (b) Any person who, having received a mail voter's ballot and having voted or not voted

LC001972 - Page 9 of 11

the mail ballot, votes or fraudulently attempts to vote at any elective meeting within the state held

on the day for which the ballot was issued shall be guilty of a felony.

     (c) Any officer or other person who intentionally opens a mail voter's certified envelope or

examines the contents before the envelope is opened by the board of elections, as provided in this

chapter, shall be guilty of a felony.

     (d) The offenses in this section shall be punishable by imprisonment of not more than ten

(10) years and/or by a fine of not less than five hundred dollars ($500) nor more than five thousand

dollars ($5000).

     SECTION 2. This act shall take effect upon passage.

========

LC001972

========

LC001972 - Page 10 of 11

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - MAIL BALLOTS

***

     This act would amend various sections of law governing mail ballots including changes to

the witness and notary public requirements by removing the two (2) witness and notary requirement

for mail ballot applications and mail ballot certificate envelope. It would also delete the requirement

that person may vote by mail, only if they are unable to vote in person.

     This act would take effect upon passage.

========

LC001972

========

LC001972 - Page 11 of 11